New York, NY asked in Contracts and Real Estate Law for New York

Q: Landlord says I'm not allowed on roof of apartment advertised as having "private roof deck"

I recently signed a lease for an apartment that was advertised as having "private roof deck". The posting went as far as including staged photos of said roof-deck furnished with patio furniture.

The roof has only one entrance through a door inside the apartment.

The landlord now claims we have no right to be on the roof.

The lease makes no specific mention of the existence or absence of a roof.

What can I do? I rented the place under the pretense that I am getting a roof, and I believe I was reasonable in coming to that impression based on the posting and communication with the realtor even in the absence of explicit mention in the lease.

What can I do?

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1 Lawyer Answer
Gary Lane
Gary Lane
  • Irvine, CA
  • Licensed in New York

A: Landlord is breaching the contract. You have right to roof deck, even if it means taking him to court!

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